Act No. 16 of 2002
3rd October 2002
An Act to consolidate and amend the law relating to co-operative societies in the State of Rajasthan.
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(1) This Act may be cited as the Rajasthan Co-operative Societies Act, 2001.
(2) It extends to the whole of the State of Rajasthan.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
In this Act, unless the context otherwise requires,-
It shall be the policy of the Government to encourage and promote the co-operative movement in the State and to take such steps in this direction, as may be necessary or desirable.
(1) The Government may appoint a person to be the Registrar of Co-operative Societies for the State and may appoint other persons to assist him.
(2) The Government may, by general or special order, and subject to such conditions as it may think fit to impose, confer on any person appointed to assist the Registrar, or may delegate to any officer of any society, all or any of the powers of the Registrar under this Act. The Government may also, by notification, direct that all or any of the powers exercisable by it under this Act or the rules may be exercised by the Registrar or such other officer, and subject to such conditions, if any, as may be specified in the notification. Every person, conferred on or delegated with the powers of the Registrar shall exercise such powers, subject to the general superintendence and control of the Registrar.
(1) Where, -
they shall, appending the bye-laws they wish to adopt, apply to the Registrar in the manner as may be prescribed :
Provided that the minimum share capital shall not be less than the prescribed minimum share capital, if any, for the respective class of society as classified under the rules and that it shall be necessary for every member of the society to hold at least one share.
(2) The bye-laws, so appended with, shall be specific on the matters
(1) If the Registrar is satisfied -
he shall, within sixty days from the submission of the application, register the co-operative society together with its bye-laws under the class or sub-class, as prescribed, and issue a certificate thereof under his hand and seal, which shall be the conclusive evidence of the fact that the society is duly registered under this Act unless proved that such registration has been cancelled by the Registrar under the provisions o
The registration of a co-operative society shall render it a body corporate by the name under which it is registered, having perpetual succession and a common seal, and with power to hold property, enter into contracts, institute and defend suits and other legal proceedings and to do all things necessary for the purposes for which it was constituted.
(1) Subject to the provisions of this Act and the rules, functions of every co-operative society shall be regulated by a set of bye-laws registered under this Act, the subject matter of which is enclosed as Schedule B; and no amendment therein shall be valid unless such amendment has been registered by the Registrar under the provisions of this Act.
(2) An amendment of the bye-laws of a co-operative society shall, unless it is expressed to come into operation on a particular day, come into force on the day, on which it is registered.
(1) Where a co-operative society after having decided to change its name, by a special resolution passed in its general body meeting, applies to the Registrar, the Registrar shall cause published a public notice to this effect and after considering the objections, if any received within one month of such publication enter the new name on the register of co-operative societies in place of the former name and shall amend the certificate of registration accordingly.
(2) The change of name of a co-operative society shall not affect any rights or obligations of the co-operative society, or render defective any legal proceedings by or against it; and any legal proceedings which may have been continued or commenced by or against the society by its former name may be continued or commenced by its new name.
(1) Every proposal for an amendment of the bye-laws of a society, after it has been passed by the society in its general body meeting, shall be forwarded to the Registrar in the manner as may be prescribed and if the Registrar is satisfied that the proposed amendment fulfils the requirements, as are essential for the registration of bye-laws under section 6, he shall register the amendment and issue a certificate thereof within sixty days from the date of submission. The certificate so issued, signed and sealed by the Registrar shall be the conclusive evidence of the fact that the amendment has been duly registered.
Provided that no society shall pass any such amendment in its byelaws, which is not in consonance with the byelaws of the class or sub-class of societies under which the society was originally registered.
(2) If the Registrar feels that the proposed amendment does not fulfil the requirements, as are essential for the registration of bye-laws, he shall, alo
(1) If at any time, it appears to the Registrar that an amendment of the bye-laws of a co-operative society or, any class of societies is necessary or desirable in the interest of such society, or class of societies or its members at large or in the public interest, he may send the proposals of such amendment to the Chairperson and the Chief Executive Officer of the society, requiring that the proposal be considered in the general body meeting of the society within a period of three months.
(2) Where the society communicates its consent to the proposed amendment, the Registrar may register the amendment and issue a certificate thereof, which shall form part of the bye-laws of the society.
(3) Where the society refuses to accept the proposal of the Registrar and the Registrar is satisfied that it is necessary in the public interest to make such an amendment, he may, within a period of thirty days from the date of communication of such refusal, send the proposal, with r
(1) Where a co-operative society, after having informed the registrar atleast fifteen days beforehand, by a special resolution passed in its general body meeting, proposes -
such proposal shall be forwarded to the Registrar in the manner as may be prescribed and if the Registrar is satisfied that such proposal is in the interest of the co-operative movement and the public, he shall approve the proposal within sixty days of its submission or else send it back to the society for reconsid
(1) Where the Registrar is satisfied that it is essential in the public interest or in the interest of the co-operative movement or for the purpose of securing the proper management of any co-operative society that two or more co-operative societies should be amalgamated or any co-operative society should be reorganised or should be divided to form two or more societies then, notwithstanding anything contained in section 12, but subject to the provisions of this section, he shall propose the amalgamation, division or reorganisation, of these societies into a single society, or into societies with such constitution, property rights, interests and authorities and such liabilities, debts and obligations, as may be specified by him. The Registrar shall send the proposals to the Chairperson and the Chief Executive Officer of the society, requiring the proposals to be considered and decided in the general body meeting of the society within a period of three months.
(2) If the soci
(1) Where the whole of the assets and liabilities of a co-operative society are transferred to another co-operative society in accordance with the provisions of section 12 or 13, the registration of the first mentioned co-operative society shall be cancelled and that society shall be deemed to have been dissolved and shall cease to exist as a corporate body.
(2) Where two or more co-operative societies are amalgamated into a new co-operative society in accordance with the provisions of section 12 or 13, the registration of each of the amalgamated societies shall stand cancelled on the registration of the new society and each such society shall be deemed to have been dissolved and shall cease to exist as a corporate body.
(3) Where a co-operative society divides itself into two or more co-operative societies in accordance with the provisions of section 12 or is to be divided by the Registrar in accordance with the provisions of section 13, the registration of the socie
(1) The following may be admitted as members of a co-operative society, namely :-
Provided that an individual shall not be eligible to the membership of a financing bank other than a Land Development Bank or such class of co-operative society as may be prescribed in this behalf :
Provided further that in a society exclusively formed for the benefit of students of a school or a colleg
(1) A person shall cease to be a member of a society on his resignation from the membership thereof being accepted or on his death, removal or expulsion from membership or on his incurring any of the disqualifications specified in this Act, the rules or the bye-laws of the society. On such cessation of membership the society may acquire the share or interest of such member in the share capital of the society by paying for it at the value determined in the manner as may be prescribed.
(2) A member whose business is in conflict or competition with the business of the society, or who has not attended the general body meeting without any reasonable excuse for three consecutive years or who has been persistently defaulting payment of his dues or has been failing to comply with the provisions of the bye-laws regarding minimum essential utilisation of the services of the society or regarding other dealings with the society or who, in the opinion of the committee, has brought disrep
(1) Notwithstanding anything contained in section 15, a co-operative society may admit -
(2) A nominal or an associate member shall neither be entitled to any share in any form whatsoever in the assets or profits of the society nor have any right to vote in the affairs of the society; but shall have such other rights of a member and be subject to such liabilities as may be specified in this Act, rules or the bye-laws of the society and all the provisions of this Act, rules and the bye-laws relating to membership, shall apply to him.
No member of a co-operative society shall exercise the rights of member unless he has made payments in respect of all dues to the society including the payment in respect of membership or availed such minimum level of services or has acquired such interest in the society, as may be specified in the bye-laws.
Every member, other than a nominal and an associate member, of a co-operative society, shall be entitled to cast one vote.
(1) Every member of a co-operative society shall exercise his vote in person and no member shall be permitted to vote by proxy.
Notwithstanding anything contained in sub-section (1), where—
An individual member in a co-operative society shall hold such number of shares as may be prescribed in the bye-laws of the society, or to a maximum of the one-fifth of the total share capital of the society, whichever is less:
Provided that an individual member of Urban Co-operative Bank shall hold such number of shares as may be prescribed in the bye-laws of the society, or to a maximum of the one twentieth of the total share capital of the society, whichever is less.
(1) On the death of member of a co-operative society, the society shall transfer the share or interest of the deceased member to the person or persons nominated in accordance with the rules, or if no person has been so nominated, to such person as may appear to the committee to be the heir or legal representative of the deceased member and where there is any dispute of succession between two or more persons, the committee may require the claimants to produce the succession certificate:
Provided that such nominee, heir or legal representative, as the case may be, is admitted as a member of the society:
Provided further that nothing in this sub-section shall prevent a minor or a person of unsound mind from acquiring by inheritance or otherwise the share or interest of a deceased member in a co-operative society.
(2) Notwithstanding anything contained in sub-section (1), any such nominee, heir or legal representative, as the case may be, may require the society to
(1) Subject to the provisions of sub-section (2), the liability of a past member or of the estate of a deceased member of a co-operative society for the debts of the society as they existed—
shall continue for a period of two years.
(2) Where a co-operative society is ordered to be wound up under section 61, the liability of a past member or of the estate of a deceased member who ceased to be a member or died within two years immediately preceding the date of order of winding up, shall continue until the entire liquidation proceedings are completed, but such liability shall extend only to the debts of the society as they existed on the date of his ceasing to be a member or the date of his death, as the case may be.
(1) The final authority in a co-operative society shall, subject to the provisions of this Act and the rules, vest in the general body of the members:
Provided that nothing in this section shall affect any powers conferred on a committee or any officer of a co-operative society by the rules or the bye-laws.
(2) Notwithstanding anything contained in sub-section (1), where the size, spread or type of membership of a society requires a representative body of delegates to take decisions effectively, a smaller body called the Delegate General Body, elected from the members of the society in the prescribed manner, may be constituted in accordance with the bye-laws of the society. Such smaller body may exercise all the powers of the general body.
Every co-operative society shall [within a period of six months of close of the financial year,] call in the manner prescribed thereon, an annual general meeting for the purpose of—
Provided that if no such meeting is called within the time aforesaid, the Registrar or any other person authorised by him may call such meeting in the manner prescribed and that meeting shall be deemed to be a general meeting duly called by the society:
Provided further that the Registrar may order that the
(1) The committee of a co-operative society may, at any time, call a special general meeting of the society and shall call such meeting within one month after the receipt of requisition in writing from the Registrar or from such number of members, as may be specified in the bye-laws.
(2) If a special general meeting of a co-operative society is not called in accordance with the requisition referred to in sub-section (1),—
(1) The general body of a co-operative society shall entrust the management of the affairs of the society to a committee constituted in accordance with the bye-laws:
Provided that in the case of a society registered after the commencement of this Act, the persons who have signed the application to register the society may appoint a committee to conduct the affairs of the society for the period of three months from the date of the registration, but the committee appointed under this proviso shall cease to function upon the constitution of a new committee which shall be constituted in accordance with the bye-laws within the said period of three months.
(2) The committee shall have such number of members as prescribed in the bye-laws:
Provided that the maximum number of the members of the committee shall not exceed sixteen:
Provided further that twelve members of the committee shall be elected by the general body of the society:
Provided also that no
(1) The Chief Executive Officer of the Apex Co-operative Bank or a Central Co-operative Bank shall be appointed by the committee of the concerned bank and fulfil such criteria as may be stipulated by the Reserve Bank of India.
(2) A person who does not fulfil the criteria for the post of the Chief Executive Officer of the Apex Co-operative Bank or a Central Co-operative Bank as stipulated by the Reserve Bank of India shall be treated as ineligible for such post and if such person is holding the post, he shall be removed on receipt of advice to this effect from the Reserve Bank of India or the National Bank.
(1) No person shall, at the same time, be a Chairperson of more than one apex society, or more than one central society.
(2) If a person, on the date of his election as a Chairperson of an apex or a central society as aforesaid, is already a Chairperson of another apex or central society, his later election shall be deemed to be void on the expiry of a period of fourteen days from the above election, unless he resigns from the chairpersonship of one of the above apex or two central societies, as the case may be, within such period.
(3) No person shall be eligible for being elected, co-opted or nominated as a member of a committee or for continuing as member on the committee if he is in default to the society or to any other society, in respect of any loan or loans taken by him for such period as is specified in the bye-laws of the society concerned or in any case for a period exceeding three months:
Provided that this disqualification shall not apply on a membe
(1) Where the Government has—
the Government or any authority specified by the Government in this behalf shall have the right to nominate not more than three members on the committee of a co-operative society:
Provided that such nominees shall only be Government servants:
[Provided further that the State Government shall have right to nominate only one member on the committee of the Apex Co-operative Bank and Central Co-operative Banks if the Government has subscribed to the share capital
(1) Notwithstanding anything contained elsewhere in this Act, the Registrar may issue general directions regarding the service conditions of the employees of a society or a class of societies in the interest of smooth functioning of such societies and the general welfare of their employees.
(2) The Registrar may also, for the employees of a class of societies, form a common cadre in whole or in part of the State and frame such guidelines regarding recruitment, remuneration, transfer, deputation, disciplinary action and other matters relating to the service conditions of the employees covered under such cadre.
(1) There shall be a Co-operative Recruitment Board, hereinafter called the Board in this section, for selection and recommendation for recruitment of the employees of co-operative societies of the State, as may be prescribed in the rules.
(2) The Board shall consist of a Chairperson and two other members and shall be constituted by the Government, in the manner prescribed.
(3) The Board shall, looking at the requisition and requirement of the co-operative societies concerned, shall have the power to decide the selection criteria, procedure, criteria for shortlisting of candidates, which may include a decision as to whether and how to conduct a written examination and/or interviews.
(4) Where the Board decides to conduct a written examination, it may conduct the same on its own or through an independent agency having suitable expertise and repute.
(1) Where—
the Zonal Registrar, in case of a primary society, the Registrar, Co-operative Society, Rajasthan, in case of a central society and the State Government in case of an apex society may, after giving the committee a reasonable opportunity of being heard, by order in writing, remove the committee and appoint a Government servant as an Administrator to manage the affairs of the society till the elections are held to the committee of the society:
Provided that in case of a co-operative society carrying on the business of banking, the provisions of the Banking Regulat
(1) The Registrar shall ensure that Reserve Bank of India's regulatory prescriptions including recommendation for supersession of the committee or winding up of the Apex Co-operative Bank and Central Co-operative Banks are implemented within one month of being advised by the Reserve Bank of India.
(2) The Registrar shall ensure that the liquidator or the Administrator, as the case may be, is appointed within one month of being advised by the Reserve Bank of India for winding up or supersession of the committee.
(3) The Registrar shall, within one month, ensure removal of Chief Executive Officer of the Apex Co-operative Bank or a Central Co-operative Bank who does not fulfil eligibility criteria specified by the Reserve Bank of India and a request has been received from the Reserve Bank of India or the National Bank to that effect.
(4) The Registrar shall, within one month, on being advised by the Reserve Bank of India or the National Bank, ensure removal of any
A short term co-operative credit structure society shall, subject to the general directions and norms laid down by the Registrar in this regard, have autonomy in its financial and internal administrative matters including the following areas, namely;
(1) Where the term of existing committee has expired and the State Co-operative Election Authority has failed to conduct elections for a new committee, for whatever reason, in accordance with the provisions of this Act or the rules made thereunder, the Registrar may, by an order in writing, appoint a Government servant as an Administrator to manage the affairs of the society till the elections are held to the committee of the society.
(2) The Administrator so appointed shall have powers to perform all or any of the functions of the elected committee and take all such actions as may be required in the interest of the society, subject to the control of the Registrar and to such instructions as he may give from time to time.
(1) Where the committee of a co-operative society is reconstituted under the provisions of this Act or the committee of a co-operative society is removed by the State Government or the Registrar under section 30 or, the Chief Executive Officer of the society is changed under the rules, every outgoing member of the committee, if he is in charge of any of the records or property of the society, or the outgoing Chief Executive Officer of the society shall hand over charge of all the records and property of the society to the Chief Executive Officer, who shall be the overall trustee of all the records and property of the society:
Provided that in societies where there is no Chief Executive Officer, the Secretary of the society and if there is no Secretary, then the Chairperson of the society shall be deemed to be the trustee of all the records and property of the society:
Provided further that where the society is ordered to be wound up under section 61, the charge of the
The election to the committee of a co-operative society shall be conducted as per the provisions of this Act and the rules and bye-laws made thereunder.
(1) The State Government shall, by notification in the Official Gazette, appoint an officer of the State Government, as the State Co-operative Election Authority, hereinafter in this Chapter referred to as the Authority, in such manner, as may be prescribed, and may appoint such other officers and staff to assist such Authority, as it may deem fit.
(2) The terms and conditions of the service of the Authority and other officers and staff appointed under sub-section (1) shall be such as may be prescribed.
(3) The superintendence, direction and control of the preparation of electoral rolls for and the conduct of, elections to such co-operative societies, as may be prescribed in the rules, shall vest in the Authority:
Provided that in other societies, elections shall be held in the general body meeting of the society as per the procedure laid down therefor in the rules.
(4) The State Government may prescribe procedure and guidelines for conduct of elections
(1) The Authority shall seek such information from the Cooperative societies as it may find necessary to conduct elections in a fair and transparent manner.
(2) The Chief Executive Officer of a co-operative society shall provide all the information sought by the Authority in time and in the manner prescribed.
(3) The Chief Executive Officer shall also send written information to the Authority regarding a casual vacancy in the committee for which the Authority is to conduct elections, immediately after occurrence of such vacancy.
(4) It shall be the duty of the committee of a society to ensure that all the information, books and records, which the Authority may require for the purpose of election, are updated and made available in time to the Authority or a person authorized by it for the purpose.
(5) The committee of the society shall also ensure that the society provides all the assistance to the Authority, as may be required by it for conduct of the el
The Authority may appoint an Election Officer to conduct election of the committee of a society:
Provided that no member or employee of the concerned society shall be appointed as an Election Officer.
All expenses for holding election of the committee of a co-operative society shall be borne by the concerned society or the society to which such society is affiliated.
(1) The Authority may issue such instructions, as it may consider reasonable for conducting free, fair and impartial elections, to any society or its committee or members.
(2) The instructions issued by the Authority under the section shall be binding.
Notwithstanding anything contained in any law for the time being in force, but subject to any prior claim of the Government in respect of land revenue or any money recoverable as land revenue,—
Notwithstanding anything contained in this Act or any other law for the time being in force, a member who makes an application for a loan from a co-operative society of which he is a member or for any person who executes a guarantee for such a loan shall make a declaration in the prescribed form stating that the applicant and/or the guarantor will create a charge upon the immovable property specified in the declaration in favour of the society for the amount of such loan and advances, if any, made by the society to the member in pursuance of the application and for such future advances, if any, as may be required by the member, and for interest payable on such loans and advances.
Notwithstanding anything contained in this Act or in any other law for the time being in force—
(1) Notwithstanding anything contained in this Act or in any other law for the time being in force, every member of a joint farming society as classified under the rules, whose lands have been pooled in the manner set out in the bye-laws of the society concerned, shall execute an agreement with the joint farming society, specifying the period for which the land shall vest in the joint farming society, and the basis on which the share of his income shall be determined and such other matters as may be specified in the bye-laws.
(2) Notwithstanding anything contained in this Act or any other law for the time being in force, no agreement executed under sub-section (1) shall be valid unless such agreement is registered by the Sub-Registrar, having jurisdiction over the area in which the lands are situated.
(3) The lands pooled by an agreement under sub-section (1), shall, after the expiry of the period of the agreements, revest in the members, as were before the agreement:
(1) Notwithstanding anything contained in any law for the time being in force, a member of a co-operative society may execute an agreement, in such form as may be prescribed, in favour of the society providing that his employer shall be competent to deduct from the salary or wages payable to him by the employer, such amount as may be specified in the agreement and to pay the amount so deducted to the society in satisfaction of any debt or other demand owing by the member to the society.
(2) On the execution of such an agreement the employer shall, if so required by the co-operative society by requisition in writing and so long as such debt or demand or any part of it remains unpaid, make the deduction in accordance with the agreement and pay the amounts so deducted to the society within fourteen days from the date of the deduction.
(3) Where a requisition in writing from any society registered or deemed to be registered under any law in force in any State, in respect
(1) A co-operative society shall have a charge upon the share or interest in the capital and on the deposits of a member or a past member and on any dividend, bonus or profits payable to a member or a past member in respect of any debt or outstanding demand owing to the co-operative society and may set off any sum credited or payable to a member towards payment of any such debt or outstanding demand:
Provided that no financing bank to which a co-operative society is affiliated, have a charge upon any sum invested in the financing bank as reserve fund by the society if the bank is not the sole creditor of the society, or be entitled to set off any such sum credited or payable to the society towards any debt due from such society.
(2) Subject to the provisions of sub-section (1), the share or interest of a member in the capital of a co-operative society shall not be liable to attachment or sale under any decree or order of any court in respect of any debt, or liability
(1) The Government may, by notification in the Official Gazette, remit in respect of any class of co-operative societies—
(1) Notwithstanding anything contained in any law for the time being in force, the Government may,—
(1) An apex society, which is provided with moneys by the Government under clause (b) of sub-section (1) of section 44 shall, with such moneys, establish a fund to be called the 'Principal State Partnership Fund' and shall utilise it for the purpose of—
and for no other purpose.
(2) A central society, which is provided with moneys by an apex society from the Principal State Partnership Fund under clause (b) of sub-section (1) shall with such moneys, establish a fund to be called the 'Subsidiary State Partnership Fund' and utilise it for the purpose of—
(1) If a co-operative society in which shares are purchased from the Principal State Partnership Fund is wound up or is dissolved, the Government shall not have any claim against the apex society which purchased the shares in respect of any loss arising from such purchase, but the Government shall be entitled to any moneys received by the apex society in liquidation proceedings or on dissolution, as the case may be.
(2) If a co-operative society in which shares are purchased from the Subsidiary State Partnership Fund is wound up or is dissolved, neither the Government nor the apex society shall have any claim against the central society which purchased such shares in respect of any loss arising from such purchase but the apex society shall be entitled to any moneys received by the central society in liquidation proceedings or on dissolution, as the case may be, and such moneys shall be credited to the Principal State Partnership Fund.
No part of the funds other than the net profits of a co-operative society shall be paid by way of bonus or dividend or otherwise distributed among its members:
Provided that a member may be paid remuneration, allowances or honoraria on such scale as may be laid down by the bye-laws for any services rendered by him to the co-operative society.
A primary agricultural credit society shall follow such prudential norms including Capital to Risk Weighted Assets Ratio as may be specified by the Registrar from time to time in consultation with the National Bank.
(1) A co-operative society shall, out of its net profits in any year,—
(2) The balance of the net profits may be utilised for all or any of the following purposes, namely:—
A co-operative society shall invest its funds in one or more of the following, namely:—
Provided that notwithstanding anything contained in this section, the guidelines, if any, issued by the Reserve Bank of India in this regard for the Urban Co-operative Banks shall have effect:
[Provided further that a short term co-operative credit structure society may invest or deposit its funds in any bank or financial institution regulated by the Reserve Bank of India.]
(1) A co-operative society shall receive deposits and loans only to such extent and under such conditions as may be prescribed or as may be specified in the bye-laws.
(2) Notwithstanding anything contained in this Act or any other law for the time being in force, a short term co-operative credit structure society may—
(1) A Co-operative Society shall not make a loan to any person other than a member.
(2) Atleast one third of total amount of loan to be sanctioned by a primary village service society or a farmer's service society in any year and not less than twenty five percent of the total amount of loan to be sanctioned by a Land Development Bank in a year, shall be sanctioned to those members who belong to weaker sections, provided that where in the opinion of the State Government such reservation is not workable, the State Government may fix different percentages of reservation of such loan for weaker sections in different areas.
(3) The Government may, by general or special order, prohibit or restrict the lending of money on the security of movable property or on mortgage of immovable property by any society or class of societies.
(4) Notwithstanding anything contained in sub-section (1), a co-operative society may make a loan to a depositor on the security of his deposi
Save as provided in sections 50 and 51, the transaction of a co-operative society with persons other than members shall be subject to such restrictions, if any, as may be prescribed.
(1) A Co-operative society may establish Contributory Provident Fund for the benefit of its employees to which shall be credited all contributions made by the employees and the society in accordance with the bye-laws of the society.
(2) A Contributory Provident Fund established by a co-operative society under sub-section (1)—
(1) Every society shall prepare and maintain its accounts of each financial year in the prescribed form and manner.
(2) Every society shall cause its accounts to be audited by an auditor or auditing firm appointed by the committee of the society from amongst the panel approved under sub-section (4):
Provided that where the committee of the society fails to appoint an auditor or auditing firm within the time stipulated therefor, the Registrar may appoint an auditor or auditing firm for the audit of the society from the panel approved under sub-section (4):
Provided further that no auditor or auditing firm shall be appointed for the audit of the accounts of the society for more than two years in continuation:
Provided also that the Registrar may, by an order, appoint an auditor(s) or auditing firm(s) to cause accounts of a society or a class of societies to be audited for a particular period, which shall be binding on the society or the class of societies,
(1) The Registrar may, on the application of—
or, of his own motion, either by himself or by a person authorised by him by order in writing, hold an inquiry into the constitution, working and financial condition of a co-operative society.
(2) The Registrar, or the person authorised by him under sub-section (1), shall, for the purposes of an inquiry under this section, have the following powers, namely:—
(i) The Registrar may subject to such conditions, as may be prescribed, of his own motion, by himself or by a person authorized by him by an order in writing, hold inspection of the books of a co-operative society.
(ii) The Registrar, or the person authorized by him under sub-section (i) shall, for the purposes of the inspection under this section, have the following powers, namely:—
A financing bank shall have the right to inspect the books of any co-operative society which is indebted to it. The inspection may be made either by an officer of the financing bank or by a member of its paid staff certified by the Registrar on the recommendation of the Chief Executive Officer of such bank as competent to undertake such inspection. The officer or member so inspecting shall, at all reasonable time, have free access to the books, accounts, documents, securities, cash and other properties belonging to, or in the custody of, the society and may also call for such information, statement and returns as may be necessary to ascertain the financial condition of the society and the safety of the sums lent to it by the financing bank.
(1) If on the basis of an audit, inquiry, inspection or a Liquidator's report made under the provisions of this Act, it comes to the knowledge of the Registrar that any person, who has taken any part in the organisation or management of such society or who is or has at any time been an officer or an employee of the society, has made any payment contrary to the provisions of this Act, the rules or the bye-laws or has caused any deficiency in the assets of the society by wilful negligence or has misappropriated or fraudulently retained any money or other property belonging to such society, the Registrar may, inquire himself or direct any person authorised by him by an order in writing in this behalf, to inquire into the conduct of such person:
Provided that no inquiry into the conduct shall be done under this section by a person who has earlier submitted report of audit, inquiry, inspection or liquidation in the same matter:
Provided further that no such inquiry shall b
(1) Notwithstanding anything contained in any law for the time being in force, if any dispute touching the constitution, management or the business of a co-operative society arises—
(1) Notwithstanding anything contained in the Limitation Act, 1963 (Central Act 36 of 1963), but subject to the specific provisions made in this Act, the period of limitation in the case of a dispute referred to the Registrar under Section 58 shall,
(1) The Registrar may, on receipt of the reference of a dispute under section 58:
(2) The Registrar may withdraw any reference transferred or referred for disposal under sub-section (1) and either decide it himself or transfer or refer it again for disposal to another person or arbitrator mentioned in clause (b) or (c) of that sub-section, if the person or arbitrator, to whom the dispute was first transferred or referred:
(3) The Registrar or any other person to whom
(1) Where, on the basis of an audit conducted under section 54 or any enquiry held under section 55 or on receipt of an application made with a special resolution passed at a special general meeting called for the purpose, or otherwise, it comes to the knowledge of the Registrar that:
(2) The Registrar may cancel an order for the winding up
Notwithstanding anything contained in this Act, in the case of an Insured Co-operative Bank:
(1) Where the Registrar has made an order under section 61 for the winding up of a co-operative society he may appoint a government servant, not below the rank of Inspector, co-operative to be a Liquidator for the purpose and fix his remuneration.
(2) A Liquidator shall, on appointment, take into his custody or under his control, all the property, effects and actionable claims to which the society is, or appears to be entitled and shall take such steps as he may deem necessary or expedient to prevent loss of deterioration of, or damage to, such property, effects and claims.
(3) Where an appeal is preferred under section 104, an order of winding up of a co-operative society made under section 61 shall not operate thereafter until the order is confirmed in appeal: Provided that the Liquidator shall continue to have custody or control of the property, effects and actionable claims mentioned in sub-section (2) and have authority to take the steps referred to in that sub-s
(1) Subject to any rules made in this behalf, the whole of the assets of a co-operative society in respect of which an order for winding up has been made shall vest in the Liquidator appointed under section 63 from the date on which the order takes effect and the Liquidator shall have power to realise such assets by sale or otherwise.
(2) Such Liquidator shall also have power, subject to the control of the Registrar:
(1) The winding up proceedings of a society shall be completed within three years from the date of the order of the winding up, unless the period is extended by the Registrar:
Provided that the Registrar shall not grant any extension for a period exceeding one year at a time and two years in the aggregate.
(2) If the winding up proceedings are not completed within such time, as may be extended by the Registrar under sub-section (1), the Registrar shall refer the matter to the Government with the reasons therefor and shall thereafter act as per the directions issued by the Government in each individual case.
After all the liabilities including the paid up share capital of the cancelled society have been met, the surplus assets shall not be divided amongst its members but they shall be devoted to any object or objects described in the bye-laws of the society and when no object is so described, to any object of public utility determined by the general body of the society and approved by the Registrar or where the general body has determined no such objectives, they shall be assigned by the Registrar in whole or in part to any or all of the following, namely:
or may be placed in deposit with the financing bank until such time as a new societ
The Chapter shall apply to:
(1) There shall be a State Land Development Bank for the State of Rajasthan and as many Land Development Banks as may be deemed necessary.
(2) A reference to Land Mortgage Bank in any law, or instrument, for the time being in force in the State, shall, with effect from the commencement of this Act, be construed as a reference to a Land Development Bank within the meaning of this Chapter.
(1) The Registrar, or any other person appointed by the State Government in this behalf, shall be Trustee for the purpose of securing the fulfillment of the obligations of the State Land Development Banks to the holders of debentures issued by it.
(2) The Trustee shall be a corporation sole by the name of the Trustee for the debentures in respect of which he is appointed, and shall have perpetual succession and a common seal, and in his corporate name may sue and be sued.
(3) The powers and functions of the Trustee shall be governed by the provisions of this Act and the instrument of trust executed between the State Land Development Bank and the Trustee as modified from time to time by mutual agreement between them.
(1) With the previous sanction of the State Government and the Trustee and subject to such terms and conditions as the State Government may impose, the State Land Development Bank in the discharge of its function as a Land Development Bank may issue debentures of such denominations, for such period not exceeding thirty years, and at such rates of interest, as it may deem expedient, on the security of mortgages, or mortgages to be acquired or partly on mortgages held and partly to be acquired and properties and other assets of the Land Development Banks.
(2) Every debenture may contain a term fixing a period not exceeding thirty years from the date of issue during which it shall be redeemable.
(3) The total amount due on debentures issued by the State Land Development Bank, and outstanding at any time, shall not exceed:
The principal of, and interest on the debentures issued under the preceding section, or any specified portion thereof, may carry the guarantee of the State Government, subject to such maximum amount as may be fixed by the State Government, and to such conditions as the State Government may think fit to impose.
Upon the issue of debentures under the provisions of section 70, the mortgaged properties and other assets referred to in sub-section (3) of that section held by the State Land Development Bank, shall vest in the Trustee, and the holders of debentures shall have a floating charge on all such mortgages and assets, and on the amount paid under such mortgages, and remaining in the hands of the State Land Development Bank or of the Trustee.
Subject to the provisions of this Act and the rules made thereunder, it shall be competent for a Land Development Bank to advance loans for the purposes referred to in section 67 and to hold lands the possession of which is transferred to it under the provisions of this Chapter.
(1) When an application for a loan is made for any of the purposes mentioned in section 67, a public notice shall be given of the application in such manner as may be prescribed, calling upon all persons interested to present their objections to the loan, if any, in person at a time and place fixed therein. The Government may, from time to time, prescribe the persons by whom such public notice shall be given and the manner in which the objections shall be heard and disposed of.
(2) The prescribed officer shall consider every objection submitted under sub-section (1) and make an order in writing either upholding or overruling it: Provided that when the question raised by an objection is, in the opinion of the officer, one of such a nature that it cannot be satisfactorily decided except by a civil court, he shall postpone the proceedings on the application until the question has been so decided.
(3) A notice under sub-section (1) shall, for the purposes of this Act, be
A written order by the Land Development Bank, or any person or committees authorised under the bye-laws of the Bank to make loans for all or any of the purposes specified in section 67, granting, either before or after the commencement of this Act, a loan to or with the consent of a person mentioned therein, shall, for the purposes of this Act, be conclusive of the following matters, that is to say:
(1) A mortgage executed in favour of a Land Development Bank shall have priority over any claim of the Government arising from a loan granted after the execution of the mortgage under the Rajasthan Agricultural Loans Act, 1957 (Act No. 1 of 1957).
(2) Notwithstanding anything contained in the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955), or any other corresponding law for the time being in force, where a mortgage in favour of a Land Development Bank is in respect of land in which a tenant has an interest, the mortgage may be against the security of such interest, and the rights of the mortgagee shall not be affected by the failure of the tenant to comply with the requirements of such law, and the sale of the land and his interest therein under such law shall be subject to the prior charge of the Land Development Bank.
The mortgages executed in favour of, and all other assets transferred to, a Land Development Bank, by the members thereof, before or after the commencement of this Act, shall with effect from the date of such execution or transfer, be deemed to have been transferred by such Land Development Bank to the State Land Development Bank, and shall vest in the State Land Development Bank.
Notwithstanding anything contained in the Registration Act, 1908 (Central Act 16 of 1908), it shall not be necessary to register mortgages or leases executed in favour of the Land Development Banks, provided that the Land Development Bank concerned sends within such time and in such manner as may be prescribed, a copy of the instrument whereby immovable property is mortgaged or let out for the purpose of securing repayment of the loan to the Registering Officer within the local limits of whose jurisdiction the whole or any part of the property mortgaged or let out is situate, and such Registering Officer shall file a copy or copies, as the case may be, in his Book No. 1 prescribed under section 51 of the Registration Act, 1908 (Central Act 16 of 1908).
Notwithstanding anything contained in any law relating to insolvency and for the time being in force, a mortgage executed in favour of a Land Development Bank shall not be called in question in any insolvency proceedings on the ground that it was not executed in good faith for valuable consideration, or on the ground that it was executed in order to give the Bank a preference over other creditors of the mortgagor.
(1) Where a mortgage is executed in favour of a Land Development Bank for payments of prior debts of the mortgagor, such bank shall, notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882), by notice in writing, require any person to whom any such debt is due, to receive payment of such debt or part thereof from the bank at its registered office, within such period as may be specified in the notice.
(2) Where any such person fails to receive such notice, or to receive such payments, such debts or part thereof, as the case may be, shall cease to carry interest from the expiry of the period specified in the notice:
Provided that where there is a dispute as regards the amount of any such debt, the person to whom such debt is due shall be bound to receive payment of the amount offered by the Land Development Bank towards the debt, but such receipt shall not prejudice the right, if any, of such person to recover the balance claimed
(1) Mortgages in respect of loans by a Land Development Bank or the State Land Development Bank either before or after the commencement of this Act, executed by the manager of a Hindu joint family for the improvement of agricultural land or of the methods of cultivation, or for financing any other means to raise the productivity of the land, or for the purchase of land, shall be binding on every member of such joint Hindu family, notwithstanding any law to the contrary.
(2) In other cases, where a mortgage executed in favour of a Land Development Bank or State Land Development Bank either before or after the commencement of this Act, is called in question on the ground that it was executed by the manager of a Hindu joint family for a purpose not binding on the members (whether such members have attained majority or not) thereof, the burden of proving the same shall, notwithstanding any law to the contrary, lie on the party alleging it.
Section 8 of the Hindu Minority and Guardianship Act, 1956 shall apply to mortgages in favour of a Land Development Bank, subject to the modification that reference to the court therein shall be construed as reference to the Collector or his nominee, and the appeal against the order of the Collector or his nominee shall lie to the Revenue Appellate Authority.
Notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882), or any other law for the time being in force, no mortgager of property mortgaged to a Land Development Bank, shall, except with the prior information in writing to the Bank, lease or create any tenancy rights on any such property:
Provided that the rights of the Land Development Bank shall be enforceable against the tenant or the lessee as the case may be, as if he himself were a mortgager.
Notwithstanding anything contained in section 77, all moneys due under the mortgage, shall, unless otherwise directed by the State Land Development Bank or the Trustee, and communicated to the mortgager, be payable by the mortgager to the Land Development Bank, and such payments shall be as valid as if the mortgage had not been so transferred and the Land Development Bank shall, in the absence of specific direction to the contrary issued by the State Land Development Bank or Trustee, and communicated to the Land Development Bank, be entitled to sue on the mortgage or take any other proceeding for the recovery of the moneys due under the mortgage.
Where any property mortgaged to a Land Development Bank is wholly or partly destroyed, or for any reason the security is rendered insufficient and the mortgager, having been given a reasonable opportunity by the Bank to provide further security enough to render the whole security sufficient, or to repay such portion of the loan as may be determined by the Bank, has failed to provide such security or to repay such portion of the loan, the remainder of the loan shall be deemed to fall due at once, and the Bank shall be entitled to take action against the mortgager under section 88 or section 89 for the recovery thereof.
Explanation :- Security shall be deemed insufficient within the meaning of this section, unless the value of the mortgaged property (including improvements made thereon) exceeds the amount for the time being due on the mortgage by such proportion as may be specified in the rules, regulations or the bye-laws of the Land Development Bank.
(1) Property purchased under sub-section (3) of section 89 by, and the property transferred under section 103 to, the Land Development Banks may be disposed of by such banks by sale within such period as may be fixed by the Trustee, subject to the condition that such sales shall be in favour only of agriculturists eligible to hold land under the Rajasthan Tenancy Act, 1955 (Act No. 3 of 1955) or any corresponding law for the time being in force, or may be leased out by them on such terms and conditions as may be laid down by the Government from time to time.
(2) Nothing contained in any law for the time being in force fixing the maximum limit of agricultural holdings shall apply to the acquisition or holding of land by the Land Development Banks under this section.
All loans granted by the Land Development Banks, all interests, if any, chargeable thereon, and costs, if any, incurred in making the same, shall, when they become due, be recoverable by the Land Development Bank concerned.
(1) If any instalment payable under a mortgage executed in favour of a Land Development Bank, or any part of such instalment, has remained unpaid for more than three months from the date on which it fell due, the committee of such Bank may, in addition to any other remedy available to the Bank, apply to the Registrar or the Collector for the recovery of such instalments or part thereof, by distraint and sale of the produce of the mortgaged land, including the standing crops thereon.
(2) On receipt of such application, the Registrar or the Collector, as the case may be, may, notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882), take action in the prescribed manner for the purpose of distraining and selling such produce:
Provided that no distraint shall be made after the expiry of twelve months from the date on which the instalment fell due.
(3) The value of the property distrained shall, as nearly as possible, be equal
(1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882), the Land Development Bank or any person authorised by it in this behalf shall, in case of default of payment of the mortgage money, or any part thereof, have power, in addition to any other remedy available to the Bank, to bring the mortgaged property to sale by public auction in the village in which the mortgaged property is situated or at the nearest place of public resort without the intervention of the court:
Provided that no action shall be taken under this sub-section and no such power shall be exercised, unless and until-
(1) On effecting the sale by a Land Development Bank under section 89, the said Bank shall, in the prescribed manner submit to the State Land Development Bank and the Registrar, a report setting forth the manner in which the sale has been effected and the result of the sale, and the State Land Development Bank may, with the approval of the Registrar, confirm the sale or cancel it.
(2) Where the sale is effected by the State Land Development Bank or the Trustee under section 89, the State Land Development Bank or the Trustee, as the case may be, shall in the prescribed manner, submit to the Registrar, a report setting forth the manner in which the sale has been effected and the result of the sale and the Registrar may confirm or cancel the sale:
Provided that where the Registrar is the Trustee, he shall submit such report to the Government and the Government may confirm the sale or cancel it.
(1) The proceeds of every sale effected under section 89 and confirmed under section 90, shall be applied first in payment of all costs, charges and expenses incurred in connection with the sale or attempted sales, secondly in payment of any or all interest due on account of the mortgage in consequence whereof the mortgaged property was sold, and thirdly in payment of the principal due on account of the mortgage including costs and charges incidental to the recovery.
(2) If there be any residue from the proceeds of sale, the same shall be paid to the persons proving himself interested in the property sold, or if there are more such persons than one, then to such persons upon their joint receipt or according to their respective interest therein, as may be determined by Land Development Bank:
Provided that before any such payments are made, the unsecured dues owing-
(1) Where a sale of mortgaged property has become absolute under section 90 and the sale proceeds have been received in full by the Land Development Bank, the bank shall grant a certificate to the purchaser in the prescribed form certifying the property sold, the sale price, the date of its sale, the name of the person who at the time of the sale is declared to be the purchaser, and the date on which the sale becomes absolute, and upon the production of such certificate, the Sub-Registrar appointed under the Registration Act, 1908 (Central Act 16 of 1908), within the limits of whose jurisdiction the whole or any part of the property specified in the certificate is situated, shall enter the contents of such certificate in his register relating to the immovable property.
(2) (a) Where the mortgaged property sold is in the occupancy of the mortgager, or of some persons on his behalf, or some person claiming under a title created by the mortgager, subsequent to the mortgage, in
(1) Notwithstanding anything contained in section 58 and 100, on an application made by a Land Development Bank for the recovery of arrears of any sum advanced by it to any of its members and on its furnishing a statement of account in respect of the arrears, the Registrar may, after making such inquiries as he deems fit, grant a certificate for the recovery of the amount stated therein to be due as arrears.
(2) A certificate by the Registrar under sub-section (1) shall be final and conclusive as to the arrears due. The arrears stated to be due therein shall be recoverable according to the law for the time being in force for the recovery of arrears of land revenue.
(3) It shall be competent for Registrar or any person authorised by him to direct conditional attachment of the property of the mortgager until the arrears due to the Land Development Bank together with interest and any incidental charges incurred in recovery of such arrears are paid or security for payment
(1) During such period as the State Government may, by general or special order notify in the Official Gazette, it shall be competent for the Collector, on application being made to him in this behalf by a Land Development Bank, to recover all sums due to the Land Development Bank (including the cost of such recovery).
(2) Any amount due to a Land Development Bank shall be recoverable by the Collector, or any officer specially authorised by the Collector in this behalf, in all or any of the following modes, namely:-
At any sale of movable or immovable property, held under the provisions of this Chapter, no officer or employee or any of the family members of the officer or the employee of the Land Development Bank or the State Land Development Bank, except on behalf of the bank of which he is an officer or an employee, and no person having any duty to perform in connection with such sale, shall either directly or indirectly bid for or acquire or attempt to acquire any interest in such property.
(1) It shall be competent for the State Government to constitute one or more Guarantee Funds on such terms and conditions as it may deem fit, for the purpose of meeting losses that might arise as a result of loans being made by the Land Development Banks on titles to immovable property subsequently found to be defective or for any other purpose under this Chapter, for which in the opinion of the Government, it is necessary to provide for or create a separate Guarantee Fund.
(2) The State Land Development Bank and the Land Development Banks shall contribute to such funds at such rate as may be prescribed and the constitution, maintenance and utilisation of such Funds shall be governed by such rules as may be made by the State Government in this behalf.
The provisions of sections 102 and 103 of the Transfer of Property Act, 1882 (Central Act 4 of 1882), and of any rules made under section 104 thereof, shall apply, so far as may be, in respect of all notices to be served under this Chapter.
The committee of the State Land Development Bank shall have a general power of supervision over Land Development Banks and may, with the previous sanction of the Government, make regulations, not inconsistent with this Act or the rules made thereunder, for all or any of the following matters, namely:-
Notwithstanding anything contained in Chapter X or any other law for the time being in force, but without prejudice to any other mode of recovery provided in this Act, the Registrar or any person empowered by the Registrar in this behalf, may, on his own motion or on the application of a co-operative society, make an order directing the payment of any debt or outstanding demand due to the society by any member or past member or deceased member or by guarantor thereof, by sale of the property or any interest therein, which is mortgaged to the society or is subject to a charge under section 38 or section 39:
Provided that no order shall be made under this section unless the member, past member or the nominee, heir or legal representative of the deceased member or guarantor thereof, or any person who has any interest in or charge upon the mortgaged property or any creditor of the mortgager who has, in a suit for administration of the estate, obtained a decree for sale of mortga
(1) Notwithstanding anything contained in the Transfer of Property Act, 1882 (Central Act 4 of 1882) or any other law for the time being in force, every order made by the Registrar under sub-section (2) of section 57 or under section 99, every decision or award made under section 60, every order made by the Liquidator under section 64 and every order made by the Tribunal under section 105 or 106 and every order made under section 104 shall, if not carried out,-
Provided that any application for the recovery in such manner of any sum shall be made-
If the Registrar is satisfied on an application, report, inquiry or otherwise, that any person with intent to delay or obstruct the enforcement of any order, decision or award that may be made against him under the provisions of this Act,-
he may, unless adequate security is furnished, direct the attachment of the said property and such attachment shall have the same effect as if made by a competent civil court.
(1) All sums due from a co-operative society or from an officer or member or past member of a co-operative society as such to the Government including any costs awarded to the Government under any provision of this Act may, on a certificate issued by the Registrar in this behalf, be recovered in the same manner as arrears of land revenue.
(2) Sums due from a society to the Government and recoverable under sub-section (1) may be recovered, firstly from the property of the society; secondly, in the case of a society the liability of the members of which is limited, from the members, past members, or the estates of deceased members, subject to the limit of their liability, and thirdly, in the case of other societies, from the members, past members or the estates of deceased members:
Provided that the liability of past members and the estates of deceased members shall in all cases be subject to the provisions of section 23.
(1) Notwithstanding anything contained in any law for the time being in force, when in any execution of an order sought to be executed under section 99, any property cannot be sold for want of buyers, if such property is in the occupancy of the defaulter or of some person on his behalf or of some person claiming under a title created by the defaulter subsequent to the issue of the certificate under section 99 by the Registrar or persons appointed to assist him under section 4, on whom the power to sign such certificate shall have been conferred, the court or the Collector, as the case may be, may with the previous consent of the Registrar, direct that the said property or any portion thereof shall be transferred to the society which has applied for the execution of the said order and that the said property or the portion thereof shall be delivered to the society in the prescribed manner.
(2) Subject to such rules as may be made in this behalf and to any right, encumbrances,
(1) An appeal may lie, under this section, to the State Government against an order or decision passed by the Registrar and to the Registrar against an order or decision passed by an officer subordinate to the Registrar or by any other person, to whom powers have been conferred or delegated under sub-section (2) of section 4.
Explanation :- For the purpose of this sub-section, Registrar shall not include any other person except the Registrar appointed by the State Government under sub-section (1) of section 4 and an Additional Registrar exercising the appellate powers of the Registrar under this section.
(2) Any person aggrieved by-
(1) The Government shall constitute a Tribunal, called "Rajasthan State Co-operative Tribunal", to exercise the powers and to carry out the functions conferred on the Tribunal by or under this Act.
(2) The Tribunal shall consist of a Chairman and two other members to be appointed by the State Government.
(3) The Chairman of the Tribunal shall be an officer of the Rajasthan Higher Judicial Service of the rank of District and Sessions Judge of selection grade.
(4) One member of the Tribunal shall be an Additional Registrar of the Rajasthan State Co-operative Service.
(5) Another member of the Tribunal shall be either a distinguished advocate who has at least 15 years experience in the Co-operative Law or a co-operator, who has at least 20 years experience in the field of co-operation and is a law graduate and has held an office in any of the State or National Level Co-operative Societies for not less than two times.
(6) The Chairman and members of t
(1) The Tribunal may either on the application of the Registrar or on the application of any party interested, review its own order in any case and pass in reference thereto such order as it thinks fit:
Provided that no such application shall be entertained unless the Tribunal is satisfied that there has been a discovery of new and important matter or evidence which after the exercise of due diligence was not within the knowledge of the applicant or could not be produced by him at the time when its order was made or that there has been some mistake or error apparent on the face of the record or for any other sufficient reason:
Provided further that no such order shall be made under this sub-section unless notice has been given to all interested parties and they have been given a reasonable opportunity of being heard.
(2) An application for review under sub-section (1) by any party shall be made within ninety days from the date of the communication of the order
(1) The Registrar, in case where action has been taken by any officer subordinate to the Registrar and the State Government, in case where action has been taken by the Registrar, may, on their own motion or on an application by any aggrieved party, for the purpose of satisfying themselves as to the legality or propriety of any decision, order or proceeding, except those in which an appeal lies to the Tribunal, call for and examine the record of any case. If, in any case, it appears to the State Government or Registrar that any such decision, order or proceeding should be modified, annulled or reversed, the State Government or, as the case may be, the Registrar may, after giving the persons affected a reasonable opportunity of being heard, pass such order thereon as it deems just:
Provided that every application for the exercise of the powers under this sub-section shall be made within ninety days from the date on which the decision, order or proceeding was communicated to th
(2) सोसायटी किसी सदस्य को उसका लिखित अनुरोध प्राप्त होने पर और उसके लिए ऐसी फीस का संदाय करने पर, जो विहित की जाये, उप-धारा (1) में उल्लिखित किसी दस्तावेज की प्रति, ऐसी फीस के संदाय की तारीख से सात दिवस के भीतर-भीतर देगी।
(1) Every member of a co-operative society shall be entitled to inspect, of cost, at the society's office during office hours, or at any time fixed for the purpose by the society, copy of this Act, the rules and the bye-laws, the last audited annual balance sheet, the profit and loss account, the list of the members of the committee, the register of members, the minutes of general meetings, minutes of committee meetings, and those portions of the books and records in which his transactions with the society have been recorded.
(2) A society shall furnish to a member, on request in writing, and on payment of such fees as may be prescribed therefor, a copy of any the documents mentioned in sub-section (1) within seven days from the date of payment of su
(1) कोई सहकारी सोसाइटी उसके कारबार के अनुक्रम में नियमित रूप से रखे या अधिप्राप्त किये गये सोसायटी के किसी भी दस्तावेज की या पुस्तकों में की किसी प्रविष्टि की प्रति देगी और ऐसी प्रति यदि ऐसी रीति से, जो विहित की जाये, प्रमाणित हो तो किसी वाद या विधिक कार्यवाहियों में या किसी भी अन्य प्रयोजन में ऐसे दस्तावेज या प्रविष्टि के प्रथमदृष्ट्या साक्ष्य के रूप में ग्रहण की जायेगी और उसमें अभिलिखित विषयों, संव्यवहारों और लेखाओं के साक्ष्य के रूप में उसी रीति से और उसी सीमा तक ग्राह्य होगी, जिससे और जिस तक मूल दस्तावेज या प्रविष्टि स्वयं ग्राह्य है।
(2) सहकारी सोसाइटी के किसी अधिकारी को ऐसे किसी अधिकारी को, जिसके कार्यालय में समापन के पश्चात् सहकारी सोसाइटी की पुस्तकें जमा की जाती हैं, किसे भी विधिक कार्यवाही में, जिसमें सोसायटी या समापनक पक्षकार नहीं हैं, सोसाइटी की कोई भी पुस्तकें या दस्तावेज, जिनकी अंतर्वस्तु इस धारा के अधीन साबित की जा सकती है, प्रस्तुत करने या उनमें अभिलिखित विषयों, संव्यवहारों और लेखाओं को साबित करने के लिए साक्षी के रूप में उपस्थित होने के लिये न्यायालय, अधिकरण
The State Government may, for the whole or any part of the State and for any class of co-operative societies, make rules for all or any of the following matters, namely:
(1) A society may open a branch or a place of business outside the State of Rajasthan, or a co-operative society registered under any law in any other State may open a branch or place of business in the State of Rajasthan, with the prior permission of the Registrar.
Explanation :- For the purpose of this section 'Registrar' shall not include officers on whom powers of the Registrar have been conferred under sub-section (2) of section 4.
(2) Every co-operative society registered under any law in any other State, and permitted to open a branch or place of business in Rajasthan under the foregoing sub-section or which has a branch or place of business in Rajasthan at the commencement of this Act, shall, within three months from the opening of such branch or place of business or from the commencement of this Act, as the case may be, file with the Registrar, a certified copy of the bye-laws and amendments and, if these are not written in English language, a certified trans
If in the opinion of the Registrar, any resolution passed at the meeting of any co-operative society or committee thereof is opposed to the objects of the society or is prejudicial to the interests of the society or its members at large, or is against the provisions of the Act, the rules or the byelaws of the society or is otherwise in excess of the powers of the society, the Registrar may, after giving the society an opportunity of being heard, rescind the resolution.
(1) If any difficulty arises in giving effect to the provisions of this Act or of any existing law, the Government may, as occasion may require, by order, do anything, which appears to it to be necessary for the purpose of removing the difficulty:
Provided that no such order shall be made after the expiry of a period of two years from the date of commencement of this Act.
(2) The provisions made by order under sub-section (1) shall have effect as if enacted in this Act, and any such order may be made so as to be retrospective to any date not earlier than the date of commencement of this Act:
Provided that no person shall be deemed to be guilty of an offence by reason of so much of any notification as makes any provision thereof retrospective to any date before the making thereof.
(1) The Rajasthan Co-operative Societies Act, 1965 (Act No. 13 of 1965) is hereby repealed.
(2) The repeal under sub-section (1) shall not affect the previous operation of the Act so repealed and anything done or action taken or deemed to have been done or taken (including any appointment or delegation made, application or other document filed, certificate of registration granted, agreements executed, notification, order, direction or notice issued, regulation, form or bye-law framed and registered, rule made or deemed to be made or proceeding instituted before any Registrar, Arbitrator, Liquidator, or other officer, authority or person) by or under the provisions of the repealed Act shall, in so far as it is not inconsistent with the provisions of this Act, be deemed to have been done or taken under the corresponding provisions of this Act, and shall continue in force unless and until superseded by anything done or any action taken under this Act.
(3) Accordingly, al
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